Forgery is one of the most common crimes in society, and types of forgery include material forgery and spiritual forgery. Also, the punishments for forgery include fines and imprisonment. Counterfeiters often do this to cheat. In this way he earns a lot of money. In addition to normal purposes, it is also possible to forge a document to achieve a specific purpose.
In this article, we have examined forgery and its types and everything you need to know about forgery.
What is forgery?
According to Article 523 of the Islamic Penal Code, “Forgery means creating a document or writing, creating a signature or seal of an official or unofficial person, cutting or scratching, adding or writing, erasing or proofing, blackening, delaying or presenting the date of documents or affixing One writing to another writing or using a person’s seal without permission and similar cases are frauds.
Who is the forger?
Today, the crime of forgery has become very widespread and is used for various fields. From the crime of forging signatures, files, educational certificates to passports, passports and birth certificates to many more. With the development of technology and new ways of forgery, it has become very difficult to recognize counterfeiters and forged documents.
The concept of forgery is the same for all types of forgery in the law. A forger is a person who fraudulently changes a writing or document, and the purpose of this change is fraud and thereby harms someone. In order for the crime of forgery to be realized, the following conditions must exist:
– There must be intent to harm other people.
– Forgery should not be done for documents that are copies because forgery will not be realized for copy documents.
– Ordinary people can’t recognize it or the unaided eye can mistake it.
– It should not be done on fake documents because then the crime of forgery will not be realized.
– The subject of the crime is stated in the law. For example: writing, document, stamp, etc.
In addition to being punishable by law, all kinds of forgery are also forbidden in religion. Forgery can have consequences such as prison or fines and even affect a person’s peace of mind.
Types of forgery
Forgery in law is only possible on paper and writing; Therefore, the painting is not considered a forgery because it is not written. Fake documents are actually writings that lie about the author or creator. For example, about a person who fakes a birth certificate, that fake birth certificate tells a lie about the maker.
If forgery is done by an ordinary person or a government employee who does not forge in his field of work, for example, a tax employee forges in the field of education, this type of fraud is called material forgery.
If the forgery is done by a government employee and it is in his field of work, it will be spiritual forgery.
It should be noted that the fine for a person convicted of forgery or the amount of imprisonment will vary depending on the type of forgery and the position of the forger.
Methods of identifying original and fake documents
In order to be able to recognize forgery and its types in documents and writings, there are different ways and people can use them legally. Among the most well-known ways to identify fake writings are:
Reconciliation of a document or writing with other documents
One of the ways to prove the authenticity of a document is to match it with documents that confirm the contents written in it. Also, people can compare and check the signatures in the document with other documents.
Investigation of informed persons and witnesses related to the document
In this method, it is important for the court whether the witnesses of the document were observers when it was written and signed or not, this method of investigation is individual.
Referral to experts
For important documents and cases that are more complicated, the court may offer a method of referral to an expert. In this method, the authenticity of the writing and matching of signature, handwriting, fingerprint and any other part must be confirmed by an expert.
Writing or handwriting is another method to identify types of forgery. If there is no signature or signature of the people mentioned in the document and who were involved in it, the court will summon them to the place and the signature or signature will be taken. In this method, a similar document is prepared so that they can match the signature and handwriting of that person with the original signature and handwriting.
Adapting to the documents of Muslim al-Sudor
Today, the most common method is this option. In this method, an official or ordinary writing or document will be presented by the person who must prove the originality of the document. Then, using that document, handwriting and signature are checked.
If you have doubts about the original or fakeness of a document, go through legal procedures with a lawyer. Also, seek the help of a lawyer to reduce the individual punishment.
Necessary documents to file a forgery lawsuit
According to Article 226 of the Law of Procedure, if a person accuses a specific person of falsifying a document in a lawsuit, the court will deal with the claims simultaneously. If a legal case is being processed, the final criminal result will be sent to the court record according to the authenticity of the documents. In this case, the court examines both the claim of forgery and the claim of forgery.
Of course, this issue is for the time when there was no public prosecutor’s office; But now and after 2011, the level of crime is reported to the prosecutor’s office.
Sometimes the case of document forgery is filed without identifying the forger, because the forger is not known or the person is afraid that he will not be able to prove the crime to that person. In this case, only one lawsuit will be processed.
Dealing with claims of falsification of official documents has a special procedure, the provisions of which are given in the Civil Procedure Law. Also, all the documents that can prove your words and have a positive role for you must be presented to file lawsuits. With the guidance of an experienced forgery lawyer, the speed of resolving your case and its final result will be much different.
Punishment for all types of document forgery
As mentioned earlier, any changes in documents and writings such as pasting, scratching and scraping, as well as creating fake writings, are called forgery. According to the law, if a person is aware of the forgery of a document and writing and nevertheless uses it, he has committed a crime and will be punished.
The punishment for forgery depends on the type of forgery and the person who committed the forgery. The punishment for an unofficial document is 6 months to 2 years imprisonment in addition to compensation, and for an official document, in addition to compensation, 6 months to 3 years imprisonment. Also, if the forger is a government employee, his punishment will be increased and will be 1 to 5 years in prison.
In addition to document forgery, the crime of using a fake document is also different. Thus, if a person is aware of the forgery of the documents, his punishment is 6 months to 3 years of suspended imprisonment in addition to compensation. It should also be said that there is no possibility of forgiveness for official documents, but there may be a possibility of forgiveness for unofficial documents.
Document forgery can cause many problems for people, and if this crime is proven, it will include monetary crimes and imprisonment. In such a case, it is very effective to get the help of a lawyer to reduce the punishment. Lawyers are well acquainted with the law and are aware of all kinds of notes. They can help with their experience and knowledge so that the least amount of damage is included in your situation.
Dadista Law Institute is a professional group that you can use its professional services. Lawyers and expert consultants of this institution are trained in various fields and have brilliant experience. This competent legal team works to better progress the case and get a positive result for you by following up on the case and informing you about it.
Like a doctor who specializes in his work and no one can replace him, a lawyer also has professional knowledge and only he can do the best defense for you and provide the most appropriate advice; Therefore, leave your legal work in any field such as types of forgery and reduction of hoarding punishment and rejection of charges and any other field to Dadista’s expert lawyers and get the best results.